(PROBIDAD/IFEX) – The “Transparency Law” bill, aimed at guaranteeing access to public information, suffered a major setback only 24 hours prior to its expected introduction into the legislature for debate and approval, when a sector of the National Party (Partido Nacional, PN) introduced a new “transparency” bill on the night of 14 March 2006. PROBIDAD […]
(PROBIDAD/IFEX) – The “Transparency Law” bill, aimed at guaranteeing access to public information, suffered a major setback only 24 hours prior to its expected introduction into the legislature for debate and approval, when a sector of the National Party (Partido Nacional, PN) introduced a new “transparency” bill on the night of 14 March 2006. PROBIDAD believes the new bill favours direct press censorship and limits the right to information and freedom of expression.
The new bill, presented by Member of Congress Jorge Ramón Hernández Alcerro, contains 51 articles which not only limit access to public information but also blur the distinction between “restricted” information – for example on national security, the protection of life or health and criminal investigations – and “confidential” information, for example regarding habeas data and the right to privacy. Far from facilitating the exercise of freedom of expression, journalists’ work and citizens’ right to information, the bill markedly limits it.
The new bill grants the National Commission on Transparency and Access to Information (Comisión Nacional de Transparencia y Acceso a la Información) powers to directly censor the press, which it should not have.
One paragraph of Chapter II of the bill, entitled “Procedure for Exercising Rights” contained seven articles deadly for the exercise of journalism, for example the stipulation that “in order to protect individuals’ honour and reputation, every publication or company involved in journalism, cinematography, radio or television broadcasting, shall designate a representative, who shall be neither immune nor enjoy special privileges” [in relation to potential criminal prosecution]. PROBIDAD views this article as targeted at e-mail or Internet web-page based media, which are currently becoming more popular in Honduras, and blogs. Under the law and the Constitution, print media already do not enjoy any immunity or special privileges.
For these reasons, Alliance 72 (Alianza 72), a coalition of civil society organizations including the Committee for Free Expression (Comité por la Libre Expresión, C-Libre), is disconcerted by the presentation of the new bill on the Congress floor, because this will not only delay discussion of the original “Transparency Law” bill, but will also confuse matters, to the detriment of the original proposal and the public.
This alert was prepared by PROBIDAD with information provided by the Committee for Free Expression (Comité por la Libre Expresión, C-Libre).
